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Provincial Archives and Records Service of the Western Cape Act
Act 3 of 2005
- Published in Western Cape Provincial Gazette 6264 on 20 May 2005
- Assented to on 16 May 2005
- Commenced on 1 April 2006 by Provincial Archives and Records Service of the Western Cape Act: Commencement
- [This is the version of this document from 20 May 2005 and includes any amendments published up to 12 April 2024.]
1. Definitions
In this Act, unless the context indicates otherwise—2. Establishment of Provincial Archives and Records Service of the Western Cape
The Provincial Archives and Records Service of the Western Cape, a component within the provincial department, is established.3. Objects of Service
The objects of the Service are to—4. Appointment of Head of Service
A Head of the Service must be appointed in terms of the provisions of the Public Service Act and must have the relevant professional experience and an appropriate archival qualification.5. Powers of Head of Service
6. Custody and preservation of records
7. Acquisition of non-public records
8. Access and use
9. Records management
10. Archives Advisory Committee
11. Appointment of members of Committee
12. Chairperson and deputy chairperson
13. Dismissal
The Provincial Minister may dismiss a member of the Committee, except the Head of the Service, only on grounds of misconduct, inability or incompetence and only after compliance with the provisions of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000).14. Filling of vacancies
If a vacancy arises before the expiry of the normal term of office of a member, the Provincial Minister may appoint a person for the unexpired period of such member's term of office in accordance with the provisions of section 11(2).15. Objects and functions of Committee
The objects and functions of the Committee are—16. Internal procedures and rules of Committee
17. Allowances
18. Limitation of liability
The Provincial Administration: Western Cape and any provincial department or any person employed in the Service of either will not be liable for the consequences of any action taken in good faith and without negligence in terms of this Act.19. Offences and penalties
20. Transitional arrangements
21. Regulations
The provincial Minister may make regulations regarding any matter which in terms of this Act is required or permitted to be prescribed or done by regulation, and generally, regarding any matter in respect of which it is necessary or expedient to make regulations in order to achieve or promote the objects of this Act.22. Short title and commencement
This Act is called the Provincial Archives and Records Service of the Western Cape Act, 2005, and comes into operation on a date to be fixed by the Premier by proclamation in the Provincial Gazette.History of this document
01 April 2006
20 May 2005 this version
16 May 2005
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations relating to the Provincial Archives and Records Service of the Western Cape | Provincial Notice 122 of 2006 |